ILLINOIS POLLUTION CONTROL BOARD
July 26, 1973
)
ENVIRONMENTAL PROTECTION AGENCY
)
)
)
v.
)
PCB 73-59
)
)
METRO
DISPOSAL SYSTEM, INC.
)
)
ORDER OF THE BOARD (by Mr. Dumelle)
On July 9, 1973 the Board received a Petition for Review,
Reconsideration and Relief alleging failure of the registered
agent to inform the corporation’s attorneys of the proceeding
and asks to present evidence in mitigation of the penalty.
The
Agency responded to the Petition on July 13, 1973 and
asked for denial. An affidavit from the Assistant Attorney
General
in
the proceeding swears to service upon the registered
agent. and in
addition contacts with an officer and the attorney
for the corporation.
Further it is stated that the registered
agent indicated that he would appear at the hearing.
Thus proper notice was
given and the corporation had its
opportunity to appear and place whatever
it thought germane
toward mitigation or lack of fault into the record. It did not
do
so.
We will not reopen this proceeding.
The Petition is denied.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certify the above Order was adopted on the
~
day
of July, 1973 by a vote of ______________________________
Christan L. Mo fett, 1
Illinois Pollution Con
~ol
Board
8—
605